October 3, 2023 Aventura City Commission Regular Meeting Minutes &`?i
AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
OCTOBER 3, 2023
Following 6:00 p.m. Local Planning Agency Meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6:17 p.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner
Billy Joel, Commissioner Paul A. Kruss', Commissioner Dr. Linda Marks, Commissioner
Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City
Attorney Robert Meyers. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency
Meeting.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Legislative Update: Senator Jason Pizzo reported on the legislative
session.
• Proclamations: A Proclamation was presented to Vice Mayor Amit Bloom
designating Breast Cancer Awareness Month (October 2023).
• Special Recognitions: None.
• Employee Service Awards: None.
• Charter School Updates: None.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
1 Participated via virtual communications media technology. Due to technical issues,participated sporadically up to
Item 6B then participated in all items.
Aventura City Commission Regular Meeting Minutes
October 3, 2023
A motion to approve the items on the Consent Agenda was offered by Commissioner
Friedland, seconded by Vice Mayor Bloom, and passed unanimously (6-0) by roll call
vote, with Commissioner Kruss absent. The following action was taken:
A. Minutes approved as follows:
• September 5, 2023 City Commission First Budget Hearing
• September 5, 2023 City Commission Regular Meeting
• September 13, 2023 City Commission Second Budget Hearing
B. Resolution No. 2023-45 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2023-46 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING A CONTRACT FOR BID NO. 23-08-25-3, WATERWAYS DOG PARK PRE-
ENGINEERED RESTROOM BUILDING, TO GREEN ENGINEERING & CONSTRUCTION,
INC. AT THE BID PRICE AS OUTLINED; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2023-47 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED CHANGE ORDER FOR THE INSTALLATION OF A SHADE
CANOPY STRUCTURE AS PART OF THE FOUNDERS PARK SOUTH FACILITY PROJECT,
BY AND BETWEEN THE CITY AND BEJAR CONSTRUCTION, INC; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Motion approved as follows:
A MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA BUXTON,
ESQ. AND DANIEL NAIM AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
F. Motion approved as follows:
A MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,000 FOR CRIME
PREVENTION PROGRAMS, EQUIPMENT AND TRAINING, AS WELL AS THE POLICE
EXPLORER PROGRAM, FROM THE POLICE STATE FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
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G. Motion approved as follows:
AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES):
A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE
30, 2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023
ATTACHED HERETO AS ATTACHMENT 1.
H. Motion approved as follows:
AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR
THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30,
2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023
ATTACHED HERETO AS ATTACHMENT 1.
I. Resolution No. 2023-48 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH FREEBEE, LLC TO
EXPAND THE SERVICE HOURS OF THE TESLA MODEL X VEHICLES; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
J. Resolution No. 2023-49 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE
CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
K. Resolution No. 2023-50 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 2023-001 IN THE AMOUNT OF $150,000 FOR PROFESSIONAL
PLANNING SERVICES RELATED TO THE REGIONAL TRANSIT ZONE (RTZ) AND
METROPOLITAN URBAN CENTER (MUC) PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND TRANSYSTEMS, CORP.; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
6. PUBLIC HEARINGS:
It was announced that Items 6F, 6G, 6H, and 61 were continued to the November 7, 2023
City Commission Meeting.
Mr. Meyers reviewed the quasi-judicial procedures for Items 613, 6D, and 6E and Mrs.
Horvath administered the oath to all those wishing to offer testimony on the items.
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Aventura City Commission Regular Meeting Minutes
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RESOLUTIONS:
Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
PURSUANT TO SECTION 197.3632, OF THE FLORIDA STATUTES, PROVIDING FOR A
UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR
STORMWATER SERVICES, AUTHORIZING ENTERING INTO AN INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY TO PLACE THE CITY'S PROPOSED NON-AD
VALOREM ASSESSMENTS ON THE COUNTY TAX BILL; PROVIDING FOR THE
TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Vice Mayor Bloom.
Mr. Wasson reviewed the item.
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed unanimously (6-0) by roll call vote, with
Commissioner Kruss absent, and Resolution No. 2023-51 was adopted.
Mrs. Horvath read the following Resolution title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE
FH7 OF THE TREATS FOOD COURT IN THE AVENTURA MALL, LOCATED AT 19565
BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FORAN
EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (613)
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Stern.
Community Development Director Keven Klopp entered the comments from the Local
Planning Agency Meeting into the record by reference as well as the staff report
recommending approval subject to the conditions listed.
No comments were provided on behalf of the Applicant (Treats Spirts, LLC).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
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The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2023-52 was adopted.
Mrs. Horvath read the following Resolution title:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET
FORTH IN ORDINANCE NO. 2013-02 INTENDED TO RESTRICT THE ALLOWED DENSITY
ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA
TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Stern and
seconded by Vice Mayor Bloom.
Community Development Director Keven Klopp entered the staff report into the record
recommending approval.
The following provided comments on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor): Alan Rosenthal, Esq. (20900
NE 30 Avenue Suite 600, Aventura), Kobi Karp — Architect (571 NW 28 Street, Miami),
Fernando de Nunez (Aventura Harbor Property, LLC - Location3 Investments — 2333
Ponce de Leon Blvd. Suite 630, Coral Gables), and Dana Goldman (308 Poinciana Island
Drive Suite 710, Sunny Isles Beach).
The City Commission discussed the item including: whether or not the restrictive covenant
should be changed and concerns regarding that, density, submerged lands, traffic,
projects that could be built without approval, Live Local Act, and the seawall.
Mayor Weinberg opened the item for public comment. The following members of the
public provided comments: Robert Ebaugh (3375 N. Country Club Drive #305, Aventura),
Michael Putney (21055 Yacht Club Drive #2201 , Aventura), Katrina Geslock (3401 N.
Country Club Drive #404, Aventura), Ivonne Ballestas (2960 NE 2071h Street #505,
Aventura), Preston Leschins (3475 W. Country Club Drive, Aventura), Suzanne
Sugarman, (20244 NE 341h Court, Aventura). Xavier (3375 N. Country Club Drive,
Aventura), Ivan Ramirez (Aventura resident), Resident (Ensenada, Aventura), Michael
Bress (Bonavista, Aventura), Cheryl Gerber (3375 N. Country Club Drive #1504,
Aventura), Natacha Jean Baptiste (3401 N. Country Club Drive #301, Aventura), Edward
Sudol (3375 N. Country Club Drive #202, Aventura), Natalie Kerrigan (Ensenada,
Aventura), and Gregg Bartels (3375 N. Country Club Drive #1502, Aventura).
There being no additional comments, Mayor Weinberg closed the item for public input.
Mr. Klopp and Mr. Meyers clarified the ordinance number (2013-02) that the restrictive
covenant requirement was set forth in.
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Aventura City Commission Regular Meeting Minutes
October 3, 2023
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-53 was adopted.
Mrs. Horvath read the following Resolution title:
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF
THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING
PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO
PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT
REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE
DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34
AVENUE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (61D).
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Kruss.
Community Development Director Keven Klopp entered the staff report into the record
recommending approval, subject to the conditions listed.
No comments were provided on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-54 was adopted.
Mrs. Horvath read the following Resolution title:
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-143(E)(3)(B) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET)
WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY
LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR
AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E).
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Stern.
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Community Development Director Keven Klopp entered the staff report into the record
recommending approval, subject to the conditions listed.
No comments were provided on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-55 was adopted.
It was announced that the following items were continued to the November 7, 2023 City
Commission Meeting:
ORDINANCES — SECOND READING:
Continued to the November 7, 2023 City Commission Meeting:
F. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF
AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE
LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH-DENSITY
RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
Continued to the November 7, 2023 City Commission Meeting:
G. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF
AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE
1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH
DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6C).
Continued to the November 7, 2023 City Commission Meeting:
H. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31,
"LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY
AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A
NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Continued to the November 7, 2023 City Commission Meeting:
I. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL
ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL
OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL
DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E).
7. ORDINANCE — FIRST READING/PUBLIC INPUT:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN
SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY
SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF
THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Kruss and
seconded by Commissioner Friedland.
Mr. Wasson explained the item.
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on first reading passed unanimously by roll call
vote.
Mrs. Horvath read the following Ordinance title:
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Bloom and seconded
by Commissioner Dr. Marks.
Mr. Wasson and Mr. Meyers explained the item.
The City Commission discussed the item.
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Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on first reading passed unanimously by roll call
vote.
8. RESOLUTION/PUBLIC INPUT: None.
9. REPORTS: No reports were provided by members of the City Commission.
10. PUBLIC COMMENTS: Mr. Meyers reviewed the rules of decorum and for speaker
comments. The following members of the public provided comments: Dalia Bechon
(Coronado Condominium - 20301 W. Country Club Drive, Aventura). Nicolas Henrique
(Coronado Condominium - 20301 W. Country Club Drive #2423, Aventura), and Ernesto
Rangel (Coronado Condominium - 20379 W. Country Club Drive #1536, Aventura).
11. OTHER BUSINESS: None.
12. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by
Commissioner Stern, and unanimously approved; thus, adjourning the meeting at 8.51
p.m.
•
'— Ellisa L. Horvath, WC', City Clerk
Approved by the City Commission on November 7, 2023.
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